Proud parents all over the UK are celebrating another record
year of achievements in exams in 2011. For many such parents,
the latest exam results will secure places for their children at
university. Some may have concerns, however, about meeting
the costs of further education and protecting their children from
incurring student debts.
Some parents, especially single parents whose children live with
their ex spouse or ex partner, may think that their obligation to
pay child support will cease when their child reaches 18 years
whether or not they go on to further education. That is not
the case. Both parents could potentially be responsible for
"alimenting" (providing financial support to) their child until his
or her 25th birthday if they are studying at university or
college.
How much, if anything, should a parent pay to their student
child? There is no formula to guide parents in this
situation. The CSA will not make an assessment and their
guidelines in relation to children under 18 are not applicable in
such circumstances. The legal test is based on balancing the
"needs" and "resources" of the parent and the child.
I would suggest that most students would struggle to show that
they "needed" luxury accommodation, a new car (or perhaps even an
old banger) or a budget to cover seven nights per week of
socialising. A modest amount may be ample to help a student
who is working part time to cover some of their own costs.
Parents who provide accommodation or other support may be
indirectly meeting their obligation of aliment where that
responsibility exists. There are a range of factors which
should be taken into account. If you are a parent who is in
any doubt as to whether you owe an obligation of aliment to your
child or would like advice about how much to pay, please contact me
or one of my colleagues in the Family Law Team at Simpson &
Marwick.
